May 16, 2018, Introduced by Rep. Noble and referred to the Committee on Transportation and Infrastructure.
A bill to allow the state of Michigan to enter into a compact
for the sharing of information among the states regarding
convictions, records, driver licenses, withdrawals, and other data
relevant to the driver licensing process.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. The governor of this state may enter into a compact as
described in this act on behalf of the state of Michigan with any
of the states of the United States who legally join in that
compact.
Sec. 2. This act shall be known and may be cited as the
"driver's license compact".
Sec. 3. The driver's license compact as contained in this
section is hereby entered into law and entered into with all other
jurisdictions legally joining therein in the form substantially as
follows:
DRIVER'S LICENSE COMPACT
ARTICLE I
Findings and Declaration of Policy
(a) The party states find that:
(1) The safety of their streets and highways is materially
affected by the degree of compliance with state and local
ordinances relating to the operation of motor vehicles.
(2) Violation of such a law or ordinance is evidence that the
violator engages in conduct which is likely to endanger the safety
of persons and property.
(3) The continuance in force of a license to drive is
predicated upon compliance with laws and ordinances relating to the
operation of motor vehicles, in whichever jurisdiction the vehicle
is operated.
(b) It is the policy of each of the party states to:
(1) Promote compliance with the laws, ordinances and
administrative rules and regulations relating to the operation of
motor vehicles by their operators in each of the jurisdictions
where such operators drive motor vehicles.
(2) Make the reciprocal recognition of licenses to drive and
eligibility therefor more just and equitable by considering the
overall compliance with motor vehicle laws, ordinances and
administrative rules and regulations as a condition precedent to
the continuance or issuance of any license by reason of which the
licensee is authorized or permitted to operate a motor vehicle in
any of the party states.
ARTICLE II
Definitions
As used in this compact:
(a) "State" means a state, territory or possession of the
United States, the District of Columbia or the Commonwealth of
Puerto Rico.
(b) "Home state" means the state which has issued and has the
power to suspend or revoke the use of the license or permit to
operate a motor vehicle.
(c) "Party state" means a state that is a party to this
compact.
(d) "Conviction" means a conviction of any offense related to
the use or operation of a motor vehicle which is prohibited by
state law, municipal ordinance or administrative rule or regulation
or a forfeiture of bail, bond or other security deposited to secure
appearance by a person charged with having committed any such
offense and which conviction or forfeiture is required to be
reported to the licensing authority.
ARTICLE III
Reports of Conviction
The licensing authority of a party state shall report each
conviction of a person from another party state occurring within
its jurisdiction to the licensing authority of the home state of
the licensee. Such report shall clearly identify the person
convicted, describe the violation specifying the section of the
statute, code or ordinance violated, and indicate whether a plea of
guilty or not guilty was entered or the conviction was a result of
the forfeiture of bail, bond or other security and shall include
any special findings made in connection therewith.
ARTICLE IV
Effect of Conviction
(a) The licensing authority in the home state, for the
purposes of suspension, revocation or limitation of the license to
operate a motor vehicle, shall give the same effect to the conduct
reported, pursuant to Article III of this compact, as it would if
such conduct had occurred in the home state in the case of
convictions for:
(1) Manslaughter or negligent homicide resulting from the
operation of a motor vehicle;
(2) Driving a motor vehicle while under the influence of
intoxicating liquor or a narcotic drug, or under the influence of
any other drug to a degree which renders the driver incapable of
safely driving a motor vehicle;
(3) Any felony in the commission of which a motor vehicle is
used;
(4) Failure to stop and render aid in the event of a motor
vehicle accident resulting in the death or personal injury of
another.
(b) As to other convictions, reported pursuant to Article III,
the licensing authority in the home state shall give such effect to
the conduct as is provided by the laws of the home state.
(c) If the laws of a party state do not provide for offenses
or violations denominated or described in precisely the words
employed in subdivision (a) of this article, such party state shall
construe the denominations and descriptions appearing in
subdivision (a) of this article as being applicable to and
identifying those offenses or violations of a substantially similar
nature and the laws of such party state shall contain such
provisions as may be necessary to ensure that full force and effect
is given to this article.
ARTICLE V
Applications for New Licenses
Upon application for a license to drive, the licensing authority in
a party state shall ascertain whether the applicant has ever held
or is the holder of a license to drive issued by any other party
state. The licensing authority in the state where application is
made shall not issue a license to drive to the applicant if:
(1) The applicant has held such a license, but the same has
been suspended by reason, in whole or in part, of a violation and
if such suspension period has not terminated.
(2) The applicant has held such a license, but the same has
been revoked by reason, in whole or in part, of a violation and if
such revocation has not terminated, except that after the
expiration of one year from the date the license was revoked such
person may make application for a new license if permitted by law.
The licensing authority may refuse to issue a license to any such
applicant if, after investigation, the licensing authority
determines that it will not be safe to grant to such person the
privilege of driving a motor vehicle on the public highways.
(3) The applicant is the holder of a license to drive issued
by another party state and currently in force unless the applicant
surrenders such license.
ARTICLE VI
Applicability of Other Laws
Except as expressly required by provisions of this compact, nothing
contained herein shall be construed to affect the right of any
party state to apply any of its other laws relating to licenses to
drive to any person or circumstance, nor to invalidate or prevent
any driver license agreement or other cooperative arrangement
between a party state and a nonparty state.
ARTICLE VII
Compact Administrator and Interchange of Information
(a) The head of the licensing authority of each party state
shall be the administrator of this compact for his state. The
administrators, acting jointly, shall have the power to formulate
all necessary and proper procedures for the exchange of information
under this compact.
(b) The administrator of each party state shall furnish to the
administrator of each other party state any information or
documents reasonably necessary to facilitate the administration of
this compact.
ARTICLE VIII
Entry Into Force and Withdrawal
(a) This compact shall enter into force and become effective
as to any state when it has enacted the same into law.
(b) Any party state may withdraw from this compact by enacting
a statute repealing the same, but no such withdrawal shall take
effect until six months after the executive head of the withdrawing
state has given notice of the withdrawal to the executive heads of
all other party states. No withdrawal shall affect the validity or
applicability by the licensing authorities of states remaining
party to the compact of any report of conviction occurring prior to
the withdrawal.
ARTICLE IX
Construction and Severability
This compact shall be liberally construed so as to effectuate the
purposes thereof. The provisions of this compact shall be severable
and if any phrase, clause, sentence or provision of this compact is
declared to be contrary to the constitution of any party state or
of the United States or the applicability thereof to any
government, agency, person or circumstance is held invalid, the
validity of the remainder of this compact and the applicability
thereof to any government, agency, person or circumstance shall not
be affected thereby. If this compact shall be held contrary to the
constitution of any state party thereto, the compact shall remain
in full force and effect as to the remaining states and in full
force and effect as to the state affected as to all severable
matters.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.
Enacting section 2. This act does not take effect unless House
Bill No. 5542 of the 99th Legislature is enacted into law.